Siva @ Karandu Siva v. State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioner, who was remanded to judicial custody on 10.02.2023, for the alleged offences punishable under Sections 341, 294(b) & 307 of IPC in Crime No.31 of 2023, seeks bail.

2. The case of the prosecution as per the de-facto complainant, Padmanaban, is that the accused have waylaid the de-facto complainant, while he was returning back from work, abused him in a filthy language and attempted to murder him by assaulting him with knife, due to which, he sustained grievous injuries. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, since he has got some previous cases. He further submitted that in order to keep the petitioner under continued detention, the respondent has foisted this case as against the petitioner and others, through the defacto complainant. He also submitted that the petitioner is in custody

from 10.02.2023 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petitioner (A3) is a habitual offender and a history sheeted rowdy, against whom, 9 previous cases are pending. He further submitted that the petitioner along with other accused, have waylaid the de-facto complainant, abused and assaulted him with knife, due to which, he sustained grievous injuries. He also submitted that the injured has been undergoing treatment in the hospital and further submitted that the investigation is pending. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and taking note of the fact that the petitioner is a habitual offender, having 9 previous cases, this Court is not inclined to grant bail to the petitioner for the present.

7. Accordingly, this Criminal Original Petition stands dismissed for the present.

21.03.2023 ham

A.D.JAGADISH CHANDIRA , J.

ham 21.03.2023